Salauddin And Another vs State Of U.P. And Another
2015 Latest Caselaw 3193 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 31073 of 2015
 

 
Applicant :- Salauddin And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Chandrakesh Mishra,Sanjay Pathak
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Naqvi,J.

Heard learned counsel for applicants and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the Charge sheet No.393 of 2015 dated 1.7.2015 in Case Crime No.263 of 2015, under Sections 420 and 406 IPC  P.S. Quarsi, District Aligarh, as well as the entire proceedings of Case No. 574 of 2015, pending in the court of Judicial Magistrate, Aligarh.

It is submitted that the applicants were builders who constructed certain apartments/shops over the land belonging to O.P.No.2 under an agreement dated 18.4.2012.

The submission is that under the agreement, right was conferred upon both the applicants and O.P.No.2 the builders to transfer certain number of apartments/shops and the alleged sale of the shops was executed by the applicants to one Rana Begum in exercise of the right under the agreement. It is thus contended that on available materials, no offence whatsoever is made out and the dispute, if any, is civil in nature for which criminality is deliberately assigned for oblique motives.

Learned A.G.A. has accepted notice on behalf of O.P.No.1.

Issue notice to opposite party no.2. He may file counter affidavit within a month. Rejoinder, if any, may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, further proceedings of Case No. 574 of 2015, Case Crime No.263 of 2015, under Sections 420 and 406 IPC  P.S. Quarsi, District Aligarh, pending in the court of Judicial Magistrate, Aligarh, shall remain stayed.

Order Date :- 14.10.2015

sc